Suspect in Rocky River murder indicted as lawyer claims he acted in self defense

ROCKY RIVER, Ohio -- A Cuyahoga County grand jury has issued a murder indictment against a 21-year-old Cleveland man who's accused of dealing drugs and shooting two men in Rocky River, killing one of them.

Prosecutors were not swayed by a defense lawyer's argument that Donovan Owens killed in self defense while in his own vehicle and should be shielded by Ohio's "Castle Doctrine" law.

The Cuyahoga County prosecutor's office would not discuss the "Castle Doctrine" issue, but Rocky River City Prosecutor Michael O'Shea said it should not apply.

"If you are dealing drugs out of your car, you are not protected under the Castle Doctrine," he said. "Otherwise, every drug dealer in town would deal drugs from their car and put a gun on the front seat and then where would we be?"

Owens is accused of killing Michael MacGillis, Jr., 39, of Rocky River and wounding Andrew Geraci, 43, on Westway, near Wagar Road over Interstate 90 on Jan. 22.

In addition to the murder charge, the grand jury charged him with involuntary manslaughter, discharging a firearm on or near a prohibited premises, tampering with evidence, felonious assault, and trafficking.

Prosecutors had charged Owens with aggravated murder shortly after the incident, but withdrew the charge. Jack Hildebrand, appointed by Cuyahoga County Common Pleas Court in that case, argued to prosecutors that his client should not be charged because he was protected by the "Castle Doctrine."

That state law, enacted in 2008, establishes a presumption in Ohio that a person acts in self defense when shooting someone who unlawfully enters that person's home or occupied vehicle.

Hildrebrand said MacGillis tried to harm Owens with a knife. Authorities said it's possible the victims called the suspects to purchase heroin, then tried to rob them.

"The victim came into the defendant's car. My understanding is he was reaching into the car. The Castle Doctrine would extend to that automobile," said Hildebrand. "You have a right to defend yourself here."

Maria Russo, spokeswoman for Cuyahoga County Prosecutor Timothy McGinty, said the office withdrew the earlier charge to conduct "further investigation."

A passenger in Owens' car, Charles Summers, faces various drug and weapons charges.